# C_2007315EN.01003402.xml

| 22.12.2007 | EN | Official Journal of the European Union | C 315/34 |
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22.12.2007

EN

Official Journal of the European Union

C 315/34

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Judgment of the Court of First Instance of 7 November 2007 — Germany v Commission

(Case T-374/04) (1)

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(Environment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - German national allocation plan for emission allowances - Measures for the ex-post adjustment of the amount of allowances allocated to installations - Commission rejection decision - Equal treatment - Duty to state reasons)

ex-post

(2007/C 315/64)

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented initially by C.D. Quassowski, A. Tiemann and C. Schulze-Bahr, and subsequently by C. Schulze-Bahr and M. Lumma, Agents, and by D. Sellner and U. Karpenstein, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: U. Wölker, Agent)

Defendant:

Re:

Application for partial annulment of Commission Decision C(2004) 2515/2 final of 7 July 2004 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Federal Republic of Germany in accordance with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32), in so far as in the decision the Commission rejects certain measures for the ex-post adjustment of allowances as incompatible with criteria 5 and 10 of Annex III to the directive.

ex-post

Operative part of the judgment

The Court:

| 1. | Annuls Article 1 of Commission Decision C(2004) 2515/2 final of 7 July 2004 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Federal Republic of Germany in accordance with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC; |
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1.

Annuls Article 1 of Commission Decision C(2004) 2515/2 final of 7 July 2004 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Federal Republic of Germany in accordance with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC;

| 2. | Annuls Article 2(a) to (c) of that decision in so far as it directs the Federal Republic of Germany, first, to omit the measures for ex-post adjustment which are referred to therein and, second, to notify the Commission of their omission; |
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2.

Annuls Article 2(a) to (c) of that decision in so far as it directs the Federal Republic of Germany, first, to omit the measures for ex-post adjustment which are referred to therein and, second, to notify the Commission of their omission;

ex-post

| 3. | Orders the Commission to pay the costs. |
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3.

Orders the Commission to pay the costs.

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(1)  OJ C 284, 20.11.2004.

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